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1 Foreign Worker Health Examination Q&A Revised May 15, 2017 The chief statutes governing foreign worker health examination consist of The Employment Services Act (date of the newest revision: November 3, 2016; hereinafter referred to as "the Act") and The Regulations Governing Management of the Health Examination of Employed Aliens (date of the newest revision: May 5, 2017; hereinafter referred to as "the Regulations"). Common questions page Q1 What are the requirements and the items of the foreign worker health examination before foreign workers come to Taiwan? 4 Q2 What are the requirements and the items of the foreign worker health examination after foreign workers have arrived in Taiwan? 4 Q3 Foreign workers’ periodic health examinations are stipulated with a buffer period of 30 days (within 30 days before or after the days of 6, 18 and 30 months of the starting date). If a foreign worker’s new employment permit is effective within the buffer period, and it is his or her old employment permit effective period now, does he or she have to undergo the periodic health examination according to the old employment permit effective date? 6 Q4 What is the implementation method of Paragraph 1, Article 11 of the Regulations, where it states "When Category 2 Aliens are reissued the employment permit because of changing employers or jobs or according to the Act, their employers shall arrange for them to undergo a health examination (supplementary health examination) at a designated hospital within seven days from the next 6
Transcript
Page 1: Foreign Worker Health Examination Q&A...health examination within 3 days of arrival, periodic health examination, or supplementary health examination.) is longer than 1 year, the new

1

Foreign Worker Health Examination Q&A

Revised May 15, 2017

The chief statutes governing foreign worker health examination consist of

The Employment Services Act (date of the newest revision: November 3,

2016; hereinafter referred to as "the Act") and The Regulations Governing

Management of the Health Examination of Employed Aliens (date of the

newest revision: May 5, 2017; hereinafter referred to as "the Regulations").

Common questions page

Q1

What are the requirements and the items of the foreign

worker health examination before foreign workers come

to Taiwan?

4

Q2

What are the requirements and the items of the foreign

worker health examination after foreign workers have

arrived in Taiwan?

4

Q3

Foreign workers’ periodic health examinations are

stipulated with a buffer period of 30 days (within 30 days

before or after the days of 6, 18 and 30 months of the

starting date). If a foreign worker’s new employment

permit is effective within the buffer period, and it is his or

her old employment permit effective period now, does he

or she have to undergo the periodic health examination

according to the old employment permit effective date?

6

Q4

What is the implementation method of Paragraph 1,

Article 11 of the Regulations, where it states "When

Category 2 Aliens are reissued the employment permit

because of changing employers or jobs or according to

the Act, their employers shall arrange for them to undergo

a health examination (supplementary health examination)

at a designated hospital within seven days from the next

6

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day following employment if they have not undergone a

health examination for more than one year”?

Q5

What are the guiding principles of Paragraph 3, Article 11

of the Regulations, where it states " If the time between

the day of 6 months of the employment permit effective

date and the date of the last health examination is shorter

than 5 months, the 6-month periodic health examination

is exempted”?

7

Q6

What are the supporting measures for the foreign workers

who are unable to undergo health examinations in

accordance with the Regulations due to the revisions of

the Regulations that became effective on May 7, 2017?

8

Q7

What unit should foreign workers submit their health

examination certificates and following re-examination

certificates or treatment completion certificates to?

8

Q8 What should the employers do if their foreign employees

fail the health examination? 9

Q9 How do the foreign workers who are positive for amoebic

dysentery receive medical treatment? 10

Q10

How do foreign workers who are positive for amoebic

dysentery undergo re-examination after treatment? How

are the cases recorded for reference?

11

Q11

Can foreign workers whose employment permits had

been revoked due to infection of amoebic dysentery

return to Taiwan after returning to their home countries?

11

Q12 What are the criteria of passing and failing the chest X-ray

examination for tuberculosis? 12

Q13

What should the employers do if their foreign employees

are diagnosed with tuberculosis after undergoing a health

examination or receiving medical care for illness?

12

Q14 How do the foreign workers diagnosed with tuberculosis 13

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or Hansen's disease seek medical treatment in Taiwan?

Q15

Can foreign workers whose employment permits had

been revoked due to tuberculosis return to Taiwan after

returning to their home countries?

14

Q16

What are the stipulations concerning the diagnosis of

Hansen's disease of the foreign worker health

examination?

15

Q17 What infectious diseases may justify the revocation of a

foreign worker's employment permit? 15

Q18 What arrangements should the employers make if their

foreign employees suffer from infectious diseases? 15

Stipulations concerning the schedule of the periodic

health examinations of Category 2 employed aliens

(foreign workers)

17

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Q1: What are the requirements and the items of the foreign worker

health examination before foreign workers come to Taiwan?

A:

1. Foreign workers must submit health examination certificates issued by

an authorized hospital in their home country within the recent three

months when applying for entry visa.

2. A list of authorized hospitals in foreign workers' home countries is

available on the Taiwan Centers for Disease Control website:

http://www.cdc.gov.tw > Health topics > Foreigners' health > List of

authorized hospitals overseas

3. The items of the foreign worker health examination before foreign

workers come to Taiwan include:

(1) Chest X-ray examination for tuberculosis;

(2) Examination for Hansen's disease;

(3) Serological test for syphilis;

(4) Stool examination for intestinal parasites;

(5) Physical examination;

(6) Proof of positive measles and rubella antibody or measles and

rubella vaccination certificates.

Q2:What are the requirements and the items of the foreign worker

health examination after foreign workers have arrived in Taiwan?

A:

1. Foreign workers must undergo health examinations at a designated

hospital within 3 working days of their arrival in Taiwan (hereinafter

referred to as "health examination within 3 days of arrival") and within

30 days before or after the days of 6, 18, and 30 months of the starting

date (hereinafter referred to as "periodic health examinations").

2. If a foreign worker is unable to undergo health examination within 3

days of arrival in time for reasons, the examination may be done within

an extension of 3 working days. If a foreign worker is unable to undergo

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a periodic health examination in time for reasons, relevant certifying

documents must be submitted to the local c ompetent health authority

for reference, and the worker may undergo periodic health examination

within 7 days before or after the reasons disappear.

3. The definition of the starting date of periodic health examinations:

(1) If the employment permit was issued before November 4, 2016, the

starting date is“the date of entry".

(2) If the employment permit was issued after November 5, 2016, the

starting date is“the work start date".

4. To look up the actual dates of periodic health examinations, please

visit the Taiwan Centers for Disease Control website:

https://goo.gl/8i9X7X. Select the first item from the list, and enter a

foreign worker's " starting date of periodic health examinations " to

find out the dates within which periodic health examinations should

be done.

5. A list of designated hospitals in Taiwan is available on the Taiwan

Centers for Disease Control website: http://www.cdc.gov.tw > Health

topics > Foreigners’ Health > List of designated hospitals in Taiwan

6. The items of the foreign worker health examination after foreign

workers have arrived in Taiwan include:

(1) Chest X-ray examination for tuberculosis;

(2) Examination for Hansen's disease;

(3) Serological test for syphilis;

(4) Stool examination for intestinal parasites;

(5) Physical examination;

(6) Indonesian workers must have an additional examination for

typhoid, paratyphoid, and bacillary dysentery as part of their health

examination within 3 days of arrival.

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Q3:Foreign workers’ periodic health examinations are stipulated with

a buffer period of 30 days (within 30 days before or after the days

of 6, 18 and 30 months of the starting date). If a foreign worker’s

new employment permit is effective within the buffer period, and it

is his or her old employment permit effective period now, does he

or she have to undergo the periodic health examination according

to the old employment permit effective date?

A:

1. Yes; it is recommended that the worker undergo the periodic health

examination according to the old employment permit effective date.

2. If the periodic health examination is skipped, and the time between the

worker’s work start date and the last health examination (It can be

health examination within 3 days of arrival, periodic health examination,

or supplementary health examination.) is longer than 1 year, the new

employer must arrange for their foreign employees to undergo a

supplementary health examination within 7 days from the next day

following employment. After the supplementary health examination,

the employers shall arrange for periodic health examinations within 30

days before or after the days of 6, 18 and 30 months of the employment

permit effective date.

Q4:What is the implementation method of Paragraph 1, Article 11 of

the Regulations, where it states "When Category 2 Aliens are

reissued the employment permit because of changing employers

or jobs or according to the Act, their employers shall arrange for

them to undergo a health examination (supplementary health

examination) at a designated hospital within seven days from the

next day following employment if they have not undergone a

health examination for more than one year”?

A:

1. The employer (agent) must check the date of the foreign worker's

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previous health examination according to the Regulations (It can be

health examination within 3 days of arrival, periodic health examination,

or supplementary health examination.) when visiting the local

competent labor administrative authority to submit "employment

notification (Form A-14)". If the employees have not undergone a

health examination for more than 1 year, the new employer shall

arrange for them to undergo a supplementary health examination

within 7 days from the next day following employment.

2. As prescribed in Article 7 of the Regulations, the certificates of health

examination within 3 days of arrival and periodic health examinations

shall be forwarded to the foreign worker for safekeeping. The employer

(agent) can ask their foreign employees about the date of the previous

health examination. If the employer (agent) has no way of knowing the

date, the employer (agent) can contact the local competent health

authority or labor administrative authority for assistance.

3. The stipulation of supplementary health examination prescribed in the

Regulations is non-retroactive, and shall be implemented from May 7,

2017), on which the revisions of the Regulations took effect.

Q5:What are the guiding principles of Paragraph 3, Article 11 of the

Regulations, where it states " If the time between the day of 6

months of the employment permit effective date and the date of

the last health examination is shorter than 5 months, the 6-month

periodic health examination is exempted”?

A:

1. “The employment permit effective date” is “the work start date".

Some foreign workers who changed employers before their

employment permit had expired shall undergo periodic health

examinations according to the date of entry originally. After the

revisions of the Regulations becomes effective, the dates of their

periodic health examinations shall be based on the work start date as

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long as the employment permits were issued after November 5, 2016.

In order to avoid foreign workers from undergoing health examinations

within a short period of time, which results in their burden, this

provision has been added to the Regulations.

2. The calculation of 5-month retrospect: Subtract 5 from the month, and

add 1 to the day. If there is no corresponding day after subtracting 5

from the month, then it is based on the next day of the final day of the

month.

Example: A foreign worker's work start date was February 1, 2017, and

the date of 6 month of the employment permit effective date is

August 1, 2017. If the foreign worker has a record of a periodic health

examination after March 2, 2017, the worker is exempt from this 6-

month periodic health examination.

Q6:What are the supporting measures for the foreign workers who are

unable to undergo health examinations in accordance with the

Regulations due to the revisions of the Regulations that became

effective on May 7, 2017?

A:The Ministry of Health and Welfare has already provided a 60-day

buffer period for this kind of cases. Employers shall arrange for their

foreign employees to undergo periodic health examinations before

July 4, 2017.

Q7:What unit should foreign workers submit their health examination

certificates and following re-examination certificates or treatment

completion certificates to?

A:

1. The original copy of the health examination certificates shall be

forwarded to foreign workers for safekeeping.

2. If the results of health examination within 3 days of arrival include failed

items, or a further examination is required (such as cases with

suspected tuberculosis or Hansen's disease who require re-

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examination in a designated institution, or cases with syphilis who

require treatment completion certificates or cases with parasite who

require re-examination followed by treatment), after obtaining a re-

examination certificates or treatment completion certificates, the

employer shall submit them to the Workforce Development Agency for

reference.

3. If the results of periodic health examinations include failed items, or a

further examination is required, the employer shall submit the re-

examination certificates (or treatment completion certificates) and

employment permits to the local competent health authority for

reference within 15 days from the next day after receiving the re-

examination certificates or treatment completion certificates.

Q8:What should the employers do if their foreign employees fail the

health examination?

A:

1. If a foreign worker has a positive result for the stool test for intestinal

parasites (not Entamoeba histolytica), the worker should obtain a

negative re-examination certificate after treatment at a designated

hospital within 65 days from the next day after receiving the health

examination certificate, and submit the documents as specified in Q7

for reference.

2. If a foreign worker has a positive result of Entamoeba histolytica, the

worker should obtain a negative re-examination certificate three times

following treatment at a designated hospital within 65 days from

receiving the health examination certificate, and submit the documents

as specified in Q7 for reference; Q9-Q11 for further details.

3. If a foreign worker has a positive result for the serological test for

syphilis, the worker should obtain a treatment completion certificate

within 30 days from the next day after receiving the health examination

certificate, and submit the documents as specified in Q7 for reference.

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4. If the result of chest X-ray examination for tuberculosis is tuberculosis

suspect or pending, the designated hospital should inform the

employer to assist the foreign worker in visiting a designated

institution for re-examination with the health examination certificate

and chest X-ray within 15 days from the next day after receiving health

examination certificate; the following procedures after obtaining re-

examination certificate are specified in Q7. Please refer to Q13-15 for

the treatment procedures of confirmed cases of tuberculosis.

5. If the result of the examination for Hansen's disease is further

examination required, the foreign worker should visit a designated

institution for re-examination within 15 days from the next day after

receiving health examination certificate; the following procedures after

obtaining re-examination certificate are specified in Q7. Please refer to

Q16 for the regulations concerning the examination for Hansen's

disease, and Q14 for treatment procedures for confirmed cases of

Hansen's disease.

Q9 : How do the foreign workers who are positive for amoebic

dysentery receive medical treatment?

A:The foreign workers who are positive for amoebic dysentery should

receive treatment at a designated hospital, and the hospital shall apply

for the drugs with the regional center under the Taiwan Centers for

Disease Control. The employer is asked to assist the foreign worker

remit the payment for the drugs (self-paid, approximately NT$3,000-

7,000) to the account designated by the Taiwan Centers for Disease

Control, and submit the remittance receipt to the hospital. The

designated hospital must contact the regional center by telephone in

advance to confirm the application, and fax the "Application Form for

Specially-Imported Anti-parasitic Drug" and the remittance receipt

together to the regional center; the regional center will send the drugs

by Express Mail to the designated hospital, which shall forward the

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drugs to the foreign worker.

Q10:How do foreign workers who are positive for amoebic dysentery

undergo re-examination after treatment? How are the cases be

recorded for reference?

A:

1. After a foreign worker has completed the treatment and stopped the

medication for 1 month, the local competent health authority shall

supervise the employer's arrangement of collection of specimens from

the foreign worker for 3 times within 7 days (the time interval is at least

24 hours apart); the specimens shall be sent to the Taiwan Centers for

Disease Control for re-examination.

2. If the case is detected by a health examination within 3 days of arrival,

the employer should submit the official letter of re-examination result

sent out by local competent health authority to the Ministry of Labor

for future reference. If the case is detected by a periodic health

examination, the employer just retain the official letter of re-

examination result sent out by the local competent health authority.

Q11 : Can foreign workers whose employment permits had been

revoked due to infection of amoebic dysentery return to Taiwan

after retruning to their home countries?

A:If a foreign worker whose employment permit had been revoked due

to infection of amoebic dysentery, the National Immigration Agency

shall implement entry ban according to the "Operational Directions for

the Entry Ban on Foreign Nationals" until the person has been cured.

The foreign worker must continue to receive treatment until cured after

returning to his or her home country, and obtain a "Proof of Drug

Treatment of Amoebic Dysentery" issued by an authorized hospital

(The proof must be translated into Chinese or English, and the content

must include the name of the drug(s) and the course of treatment. It

must be endorsed by a Taiwan representative office overseas). The

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proof shall be sent to the National Immigration Agency to apply for

cancellation of entry ban before applying for entry visa.

Q12 : What are the criteria of passing and failing the chest X-ray

examination for tuberculosis?

A:

1. Criteria:

(1) The diagnosis of active pulmonary tuberculosis or tuberculous

pleurisy is considered "failed".

(2) The diagnosis of inactive tuberculosis fibrotic (calcified)

tuberculosis, fibrotic (calcified) lesions, and pleura thickening is

considered "passed".

(3) Pregnant women could undergo sputum smear examination for 3

times at a designated institution instead of chest X-ray examination

for tuberculosis. If any of the results is positive (with the exception

of the specimen with a negative result for the nucleic acid

amplification test), the case is considered "failed".

2. A list of designated institutions is posted on the Taiwan Centers for

Disease Control website: http://www.cdc.gov.tw > Health topics >

Foreigners' health > List of designated institutions of chest X-ray

examination for tuberculosis (for re-examination)

Q13:What should the employers do if their foreign employees are

diagnosed with tuberculosis after undergoing a health

examination or receiving medical care for illness?

A:

1. If a foreign worker has tuberculosis, the employer shall apply with the

local competent health authority for the directly observed treatment

short-course (DOTS) service (please refer to Q14 ).

2. If the employer has not applied for the DOTS service on behalf of the

foreign employee, after receiving the employment revocation issued by

the Ministry of Labor, the employer must help the worker return to his

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or her home country. In principle, the cases with positive result of the

sputum smear test must receive treatment for two weeks before they

can take an airplane back to their home countries. The cases with

multidrug-resistant tuberculosis cannot take an airplane back to their

home countries until the result of the sputum culture is negative.

3. Employers must take care of foreign workers in accordance with the

"The proposal of life management and care service for foreigner". If

employers do not take care of their foreign employees and make

improvements within a limited time after receiving the notification from

the local competent labor administrative authority, they will not be

issued a recruiting permit (Or their foreign employees may not be

allowed to enter Taiwan), or an employment permit, or an employment

permit extension.

4. The employers must obtain an official letter about the failed health

examination or the notification of their foreign employees diagnosing

with infectious diseases, or the termination of the contract with both

parties' agreement prior to assisting the foreign workers return to their

home countries and employment revocation.

Q14 : How do the foreign workers diagnosed with tuberculosis or

Hansen's disease seek medical treatment in Taiwan?

A:

1. Applicable individuals: Foreign workers confirmed to have active

tuberculosis, tuberculous pleurisy, or Hansen’s disease, except

multidrug-resistant cases.

2. Procedures for seeking treatment in Taiwan: Submit the following

documents to the local competent health authority within 15 days from

the next day after receiving the re-examination certificate:

(1) The diagnosis certificate

(2) The employer’s consent form to assist employed foreigners to

receive DOTS

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(3) The employed foreigner’s consent form to receive the DOTS

service arranged by the health agencies

3. After foreign workers have completed the DOTS medication therapy

and been confirmed to complete the treatment by the local competent

health authority, they are deemed “passed”. The foreign workers who

have not undergone re-examination, failed re-examination and not

applied for the DOTS service, or not cooperated with the DOTS service

for more than 15 days, or confirmed to have multiple drug resistant

tuberculosis shall be considered to have failed their health examination,

and the Ministry of Labor will revoke their employment permits.

4. If a foreign worker is unable to complete the treatment during his or her

employment period, they should continue to receive treatment after

returning to his or her home country as a transnational referral.

Q15 : Can foreign workers whose employment permits had been

revoked due to tuberculosis return to Taiwan after returning to

their home countries?

A:If a foreign worker whose employment permit had been revoked due

to tuberculosis, the National Immigration Agency shall implement

entry ban according to the "Operational Directions for the Entry Ban

on Foreign Nationals" until the person has been cured. Under such

circumstances, the foreign worker must continue to receive treatment

until cured after going back to his or her home country, and obtain a

"Proof of Tuberculosis Case Management and Completion of

Treatment" or case history abstract issued by an authorized hospital

(The proof or case history abstract must be translated into Chinese or

English; the content must include the name of the drug(s) used, course

of treatment, chest X-ray results, sputum smear results, and sputum

culture results after treatment. It must be endorsed by a Taiwan’s

representative office abroad). The documents shall be sent to the

National Immigration Agency to apply for cancellation of entry ban

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before applying for entry visa.

Q16:What are the stipulations concerning the diagnosis of Hansen's

disease of the foreign worker health examination?

A:

1. The diagnosis of Hansen's disease consists of a whole-body skin

examination. The persons being examined may wear underwear to

undergo the examination, and being accompanied by their friends,

relatives, or female medical personnel. The different body parts are

gradually examined, and the persons’ privacy is secured in accordance

with the "Outpatient Medical Privacy Maintenance Regulations."

2. When suspected lesions of Hansen’s disease are discovered, the

competent authority shall be informed in accordance with the

Communicable Disease Control Act. Foreign workers suspected of

Hansen’s disease shall visit a designated institution for re-

examination within 15 days from the next day after receiving the health

examination certificate.

3. A list of designated institution is available on the Taiwan Centers for

Disease Control website: http://www.cdc.gov.tw > Health topics >

Foreigners' health > List of designated institutions of chest X-ray

examination for tuberculosis (for re-examination)

Q17:What infectious diseases may justify the revocation of a foreign

worker's employment permit?

A:The employment permit of foreign workers suffering from multiple

drug resistant tuberculosis shall be revoked. If foreign workers

suffering from active tuberculosis, tuberculous pleurisy, Hansen's

disease, or amoebic dysentery seek treatment in Taiwan and comply

with the health agency's disease prevention measures, they will be

allowed to work in Taiwan, or their employment permit shall be revoked.

Q18:What arrangements should the employers make if their foreign

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employees suffer from infectious diseases?

A:

1. If foreign workers suffering from an infectious disease require

hospitalization following diagnosis and treatment by a physician, they

must receive treatment in a hospital; if they do not require

hospitalization, the employer should provide an appropriate place for

recovering.

2. For foreign workers suspected of tuberculosis or confirmed with

tuberculosis who wait to return to their home countries, the employer

should provide a well-ventilated single room, and the workers must

wear surgical face masks until sputum smear examination results

indicate no bacteria.

3. For foreign workers with infectious diseases of intestinal tract, they are

required to enhance their personal hygiene: The toilets should be

provided with sufficient tissue paper, and they must always wash their

hands with soap and water after using the toilet to avoid

contaminating the environment and handles. In principle, the toilet,

the sink, and any places (such as the toilet seat and door handle, etc.)

contacted by the cases must be disinfected. It is recommended that

the patients use their own toilet as much as possible. They are not

allowed to engage in jobs in the food industry, as well as attend to

patients or children when they are sick.

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